DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election of claims 1-15 in the reply filed on 10/24/2025 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 recites the limitation “a fourth ferromagnetic layer” in line 6. The limitation raises ambiguity as it implies a third ferromagnetic layer than has not been recited in the claim. Correction is required.
Claims 2-16 are rejected for being dependent on claim 1.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14 of U.S. Patent No. 11,730,063 (INUBUSHI et al.). Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding claim 1, INUBUSHI teaches in claim 14 A magnetoresistive effect element, comprising: a first ferromagnetic layer; a second ferromagnetic layer; a nonmagnetic layer positioned between the first ferromagnetic layer and the second ferromagnetic layer; and a fourth ferromagnetic layer, wherein at least one of the first ferromagnetic layer and the second ferromagnetic layer includes a Heusler alloy layer including a crystal region and an amorphous region, wherein the fourth ferromagnetic layer is positioned between the Heusler alloy layer and the nonmagnetic layer, the fourth ferromagnetic layer includes a Co-Fe-B-A alloy, and an A element included in the fourth ferromagnetic layer is any one or more elements selected from the group consisting of Ti, V, Cr, Cu, Zn, Zr, Mo, Ru, Pd, Ta, W, Ir, Pt, and Au.
Claims 2-16 are rejected for being dependent on claim 1.
Conclusion
The following references were considered during the examination of the instant application:
2020/0403149 (Guisan et al)
2016/0019917 (DU et al.)
2013/0236639 (Carey et al)
2006/0262460 (Ide et al)
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/TIMOR KARIMY/Primary Examiner, Art Unit 2818